Samuel Freeman Miller

“ Another by-law declares that 'the superintendent and all other persons shall in all cases be subject to the control of the board of directors, in everything where the board shall elect to exercise such control;' and the court finds that, in the making of the original contract sued on, and in the extension of the time for the payment of drafts, as hereinafter mentioned, the board of directors of plaintiff did not at any time or in any way elect to exercise the control over its officers given said board by said by-laws. ”

“ It appears, also, that Mr. Thomas, who was the treasurer of the plaintiff company, visited New York, and called upon the firm of Moran Bros., at whose banking-house said drafts were payable, and evdeavored to induce them to pay the drafts, but that Moran Bros., who had no funds of the defendant's at the time, declined to do so, but finally said: 'We, Moran Brothers, will pay these drafts if you will sign a release for the balance of the contract.' To this Mr. Thomas replied that he was not authorized to execute such a release ”

“ Railroad Co., 17 Wall. 78; Marsh v. Whitmore, 21 Wall. 178; Vigers v. Pike, 8 Clark & F. 650; Wentworth v. Lloyd, 32 Beav. 467; Follansbe v. Kilbreth, 17 Ill. 522.' See, also, Gold-mining Co. v. National Bank, 96 U.S. 640; Law v. ”